In New York, an Aggravated DWI (Driving While Intoxicated) refers to a DWI offense where the driver’s Blood Alcohol Content (BAC) is 0.18% or higher. This is a more serious charge than a standard DWI, which typically involves a BAC of 0.08% or higher but less than 0.18%.
An Aggravated DWI is associated with more severe penalties, even for first-time offenders. Here is a general overview of the penalties for a first-time Aggravated DWI offense in New York:
- Possible jail time up to 1 year
- Fines ranging from $1,000 to $2,500
- License revocation for a minimum of 1 year
Judges have discretion in sentencing, and other factors such as your level of cooperation with law enforcement, your criminal history, and the presence of any aggravating or mitigating factors can influence the outcome of your case.
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There are two types of Aggravated DWI in NY, the first is a misdemeanor DWI under Vehicle and Traffic Law 1192(2)(a)(a). To be charged with a misdemeanor Aggravated DWI in NY an individual must intentionally operate a motor vehicle upon a public highway with a blood alcohol content of .18 or higher.
The second type of Aggravated DWI in NY is a class E Felony under Vehicle and Traffic Law 1192(2-a)(b) commonly referred to as a “Leandra’s Law” DWI. An individual will be charged with a Leandra’s Law DWI when they commit a DWI offense under Vehicle and Traffic Law Section 1192 (excluding Vehicle and Traffic Law 1192(1) DWAI) AND there is a child in the vehicle under the age of sixteen.